§ Form 19 Motion to Dismiss, Presenting Defenses of Failure to State A Claim, of Lack of Service of Process, or Improper Venue, and of Lack of Jurisdiction Under Rule 12(B)
Form 19. Motion to Dismiss, Presenting Defenses of Failure to State A Claim, of Lack of Service of Process, or
Improper Venue, and of Lack of Jurisdiction Under Rule 12(B)
The defendant moves the court as follows:
(1) To dismiss the action because the complaint fails to state a claim against defendant upon which relief can be granted;
(2) To dismiss the action or in lieu thereof to quash the return of service of summons on the grounds that the defendant has not been properly served with process in this action, all of which more clearly appears in the affidavits of M. N. and X. Y. hereto annexed as Exhibit A and Exhibit B respectively; and
(3) To dismiss the action on the ground that the court lacks jurisdiction because (here state grounds).
Signed: ________________________________________________________________________________
Attorney for Defendant
Address: ________________________________________________________________________________
Notice of Motion
To: ____________________________
Attorney for Plaintiff
Please take notice, that the undersigned will bring the above motion on for hearing before this court on the ____ day of _______,19___, at 10:00 a.m. of that day or as soon thereafter as counsel can be heard.
Signed: ________________________________________________________________________________
Attorney for Defendant